Jaime Lugo Pena — ADJ8761355, ADJ13541403

Applicant Jaime Lugo Pena filed a Petition for Removal in two consolidated cases against Sutter Memorial Hospital/Sutter Health Sacramento, a permissibly self-insured employer. The WCAB considered the petition together with the WCJ's report and recommendation on the merits. The Board reaffirmed that removal is an extraordinary remedy granted only upon a showing of substantial prejudice or irreparable harm, and that reconsideration would not be an adequate later remedy. Finding the petitioner failed to make this showing, the Board denied removal. It noted that applicant could raise the issue of further development of the record with the trial judge.